Lobatse High Court judge Key Oagile Dingake is tomorrow (Thursday, 21) June) expected to deliver a judgment in a case some government essential workers are seeking an order to review and set aside their dismissal from work after taking part in a national strike last year.
The case was heard last month.
In his submissions, Advocate Martin Brassey, the lawyer representing public service workers, said that he was applying for the reinstatement of dismissed workers, with effect retrospective with to the date of their dismissal.
Brassey also faulted the government for not having given the workers hearings before their dismissal, contending that, under applicable codes, provision is made for a hearing before disciplinary action against public servants can be taken and that this did not happen in this case.
On the other hand, Anton Myburgh, representing the government when opposing the submissions by the Union lawyers, said that by the nature of the involved essential services workers, government was faced with a crisis in interruption of services as it was prejudicial to members of the public.
He added that it was impossible to give the employees a hearing before their dismissal from work because they were nowhere to be found.
BOFEPUSO’s National Chairman, Othusitse Tsalaile, on Monday beamed with a smile at the news that the judgment was coming on Thursday.
”We expect the best for the workers of our country on Thursday,” he said.
It is not yet clear whether the Union will again ferry workers to Lobatse to hear the much awaited judgment.
When the case was heard last month, workers were ferried to Lobatse and the case had to be moved to Lobatse Magistrate Court after the High Court courtroom allocated to Judge Dingake proved to be too small to accommodate all the workers.
